The Judicial Branch

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The Judicial Branch
• Learning Objectives
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Identify the kinds of cases handled by the federal court system
Explain the role and responsibilities of the US District Court
Explain the role and responsibilities of the US Courts of Appeals
Explain the role and responsibilities of the US Supreme Court
Identify and describe two important Supreme Court cases that show how our laws can
change
WORDS TO KNOW
1. Guilty – judged to have done something wrong or against the law
2. Innocent - judged not to have done something against the law
3. Criminal case – involving a crime, a breaking of the law
4. Civil case – involving a disagreement over private rights
5. Jury – in civil or criminal cases, the people chosen to decide the case
6. Sentence – punishment set by a court of low for a crime, such as a jail term or fine
7. Appeal – to ask a higher court to review a lower court’s decision, appellate means having to
do with an appeal
8. Jurisdiction – power or authority
9. Uphold – maintain or support
10. Overturn – to throw out or turn over
11. Majority opinion – a written statement giving reasons for disagreeing with a Supreme Court
ruling
12. Dissenting opinion – a written statement giving reasons for disagreeing with a Supreme Court
ruling
13. Public – anything that is run by the government and open to everyone (such as public school)
14. Legal – giving to do with the law; acts that are within the law
15. Segregate – to separate people or groups from each other
The Federal Court System
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Article III established the third branch of the government, the judicial branch
At the top of the system is the US Supreme Court
Congress has the power to establish lower federal courts
a. district courts
b. courts of appeals
c. Supreme Court
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Our law says that when a person is accused of a crime he or she is brought before a court
Judge and jury will decide if a person is guilty or innocent
You are innocent until proven guilty
Proof must be made in a court of law
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Most criminal cases are heard in state courts
The federal courts handle only three main kinds of cases
a. Cases dealing with the Constitution
b. Cases dealing with federal laws
c. cases dealing with more than one state
United States District Courts
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The lowest courts are district courts
91 across the US
Each state has at least one
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District courts are the federal trial courts
They hear cases of
a. bank robbery
b. kidnapping
c. breaking tax laws
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These courts also hear federal civil cases
a. disagreement over a contract
b. relations between businesses
c. or other noncriminal cases
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Court cases are heard by
a. Single judge
b. 3 judge panel
c. jury of 12 people
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Judge decides what the sentence is if they are guilty
Unites State Court of Appeals
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Sometimes people thing they didn’t get a fair trial
a. judge not fair
b. trial didn’t follow rules
These people have a right to appeal
Ask higher court to hear the case
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These courts are spread across the US
They are in 11 judicial areas call circuits
There is one in each circuit and one in DC
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Congress established the Court of Appeals in 1891
The 12 Courts of Appeals hear appeals from the district courts within their circuit
They only hear appeals they cannot try cases
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If a court of appeals decides to review a case, the judges will
a. study its history
b. listen to lawyers for both sides
c. check written records
d. check to see if the lawyers, judges, and the jury all followed court laws
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If judge decides all laws were followed, the court decision is upheld.
If the judge finds a mistake or that it was unfair, the courts decision is overturned.
It goes back to district court for retrial
United States Supreme Court
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The final court of appeals in the country is the United States Supreme Court
It is the highest court in the nation
Makes final decisions
Decides the meaning of the Constitution
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Most cases are appeals
The judges are called justices
There are 8 justices and a Chief Justice
They are appointed by President and must be approved by Senate
They are appointed for life
Hearing the Cases
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Supreme Court holds sessions from October to June
Lawyers from both sides are given a set time to present their cases
Justices question lawyers
Lawyers may also supply written briefs
They hear a case for two week then have a recess for two weeks to study case
Our Changing Laws
• Hearing cases
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Justices hear thousands of cases over the years
Sometimes the court changes it’s mind about an earlier decision
• First Decision Overturned
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Plessy v. Ferguson
Plessy an African American sat in a “White only” railroad car
Did it violate the 14th ammendment?
Court ruled “Blacks Only” car was just as good as “Whites Only” car
Railroad cars were separate but equal
• The Second Decision
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African American parents believed their schools were not as good as the schools in Topeka
for white kids
The parents lost their case in state court
Appealed to the supreme court
In 1954 Supreme Court ruled separate public schools for African American and whites
violated the constitution
Other Special Courts
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United States Claims Court
Territorial Courts
Court of Military Appeals
United State Tax Court
Court of International Trade
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